Los Angeles daily herald., 1887-03-20
PROCLAMATION! /!
STA L OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO. March Is. 1887.

OANhAMENAOs uAdiOh A"s Aoo''S
WHEREAS, the Legislature of the State OF
California, at its twenty-sevenths session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds OF all the members elected to each OF
the two Houses Of said Legislature voting In
favor thereof, proposed the following de-
scribed amendments to the Constitution OF
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the judiciary Depart
ment.
RESOLVED, That the Legislature of the State
of California, at its regular session, COM
mencing on the third day of January, A. ID.
eighteen hundred and eighty.seven, two
thirds of all the members elected to each of
the Houses of said Legislature voting in fa-
vor thereof, hereby propose that sections
two aud three OF article vi, OF the Constitu-
ton of said Stase be amended to read as
follows:
Section 2. The Supreme Court shall CO n
sist of seven Justices. The Associate JUS
tices of the Supreme Court, in office at the
TIME of the adoption of this amendment to
ofice as Justices OF the Supreme Court for
the remainder Of the terms to which they
were respectively elected. The Justices
shall elect one OF their number to be Chief
Justice, and he shall hold the office of Chief
years. At the expiration OF the term of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect a
Chief Justsce for a like term of two years.
An entry of the election OF such Chief JUS.
tice shall be made in the minutes of the
court and signed by four Justices. When
ever thereafter vacancy occurs in the of
fee of Chief Justice. like election shall
be had to flll such office for the unexpired
term. Ihe Supreme Court may sit in de-
partments or in bank, and shall always be
open for the transaction of business. There
shall be two departments, denominated, re-
spectively, Department One and Department
Two. The Chief Justice shall assign three
of the Justices to each department, and
from time to time. The Justices shall be
competent to sit in either department, and
may Interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de.
partments, except such as may be done at
chambers, and the concurrence OF two Jus :
tees shall be necessary to pronounce a
Judgment The Chief Justice shall apporlion
the business to the departments and may,
in his discretion, order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but wnere cause has been al
ment pronounced thereon, the order must
be made within thirty days after such judg-
ment and concurred In by twoJ Justices, and If
so made 1t shall have the effect to vacate and
set aside the judgment. Any four Justices
may, either before or after judgment by a
department. order a case TO be heard in
bank. If the order be not made within the
time above limited. the judgment shall be
final. No judgment bya department shall
become final until the expiration. of the
proved by the Chief Justice. in writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
bank at any time. and shall be the presiding
Justice OF the CourtWhen so convened. The
concurrence OF four Justices present at the
argument shall be necessary to pronounce a
Judgment in bank; but If four Justices, so
present, do not concur In judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but to render q
judgment q concurrence OF four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
in writing and the grounds OF the decision
Shall De stdlcus luc Ouiel JuSLlCe may klt
in either department, and shall preside
when SO sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case of
the absence of the Chief Justice from the
place at which the court Is held, or his ina
bility to act, the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act. The, supreme Court Commits
tad " q nf ha .aofcl lot,
approved March twelfth, eighteen hundred
and eighty-fye, shall continue and be Su-
preme Court Commission for four years af-
ter the adoption of this amendment. Said
time thereafter as may be fixed by an act
passed by vote Of two-thirds of the elected
members of each House of the Legislature
and approved by the Governor. The mem
bers thereof and Secretary shall be ap-
mmissioners shall be subject to removal
in like manner as the Judges OF the Su-
preme Court. Said commission shall have
the same power to hear and determine
causes possessed by department of the
to the commission in the same manner they
are assigned to department, and after de-
cision they may Se ordered heard in bank
in the same way, and with like restrictions
ments Of the commission shall be entered
as the judgments of the court. The COM
mission shall sit at such times and places as |
nav be designated by the court, but such |
commissioners. shall not exercise any
bled |Iei0la as Commission, and t then aS1s thew
shall only have power to hear and deter |
mine such causes as may have been assigned |
to them,
Court shall be elected by the qualified |
electors OF the State at large, at the general |
State elections. and the times and places at |
which State officers are elected; and the |
term of office shall be twelve years from /
and after the first Monday after, the first
day of January next succeeding their elec-
ion. Three justices shall he elected for
ne full term at the general State election
held in eighteen hundred and ninety; and
At the general election held every fourth
year thereafter, two Justices shall be elect
hat in every twelfth year thereafter, three
Justices hall be elected for full terms. If
he Chief Justice, or any Justice, becomes
disqualified, letther mentally
,ffice, and such fact is certified to the Gov
,rnor by FIVE Justices, one of whom may be
he Chief Justice IN case of the disability of
|. justice, the office OF such disqualified
Ss nad yscsnt and
hundred and fifty t250) dollars per month
or the remainder of his term. II vacancy
xist or occur in the office OF Justice, the
Governor shall appoint person to hold the
fice for the remainder Of the unexpired
errn. The Governor shall appoint Justice
3 hold office as Justice for tho unexpired
erm of the late Chief Justice.
AMENDMENT NUMBER TWO.
o propose to the people OF the State an
amendment to the Constitution of the
State. relative to the salaries of the
Judiciary Department.
RcsoIped, That the Legislature Of the State